Bowen v. E.I. duPont de Nemours & Co.
Bowen v. E.I. duPont de Nemours & Co.
Opinion of the Court
On June 28, 2005, the plaintiffs-appellants, Matthew Bowen and Melissa Ellis, as parents and natural guardians of Emily Bowen, and Matthew Bowen and Melissa Ellis, individually, and Martin Griffin and Trudi Griffin, as parents and natural guardians of Darren Griffin and Trudi Griffin, individually, filed a notice of appeal with this Court. The appellants purport to appeal from an order of the Superior Court dated May 9, 2005 that granted summary judgment in favor of defendant-appellee, E.I. duPont de Nemours and Company, Inc.
The appellee has filed a motion to dismiss the appellants’ appeal as both premature and an improper interlocutory appeal. In response to that motion to dismiss, the appellants have filed a motion for a limited remand so that the Superior Court can decide the appellants’ motion for reargument. We have concluded that the motion to dismiss must be granted.
Premature Appeal
A Rule 59 motion for reargument is the proper procedure for seeking to have the Superior Court reconsider its decision to grant summary judgment.
A judgment must be final before a party can appeal to this Court as a matter of right and thereby invoke the mandatory jurisdiction of this Court.
Improper Interlocutory Appeal
Except for interlocutory appeals that are accepted in our discretion, this Court has no jurisdiction over Superior Court determinations in civil proceedings that are not final.
Superior Court Jurisdiction Continues
The proper perfection of an appeal to this Court from a final judgment generally divests the Superior Court from its jurisdiction over the cause of action in the absence of a remand.
Federal Practice Different
We note that in similar circumstances, this situation would be handled differently in the federal court system.
Conclusion
Under the circumstances reflected in this record, in the absence of a rale like Federal Appellate Rule 4(a)4(B)(i), the ap-pellee’s motion to dismiss must be granted. To the extent that the appellants seek to appeal from a final judgment, it is premature. To the extent that the appellants seek to appeal from an interlocutory decision, they have not complied with Rule 42. In the event the appellants perfect a proper appeal following the entry of a final judgment, the filing fee is waived. This appeal is dismissed.
.The appellants also seek to appeal from several other interlocutory rulings that preceded the grant of summary judgment on May 9, 2005, e.g., a motion in limine to exclude evidence of regulatory labeling determinations, and an order denying appellants’ Motion for Reconsideration on January 31, 2005. Additionally, the appellants appeal from an order limiting the testimony of Dr. Michael Patton, dated April 27, 2005; an order excluding testimony of Dr. David L. Macintosh; and an order limiting the testimony of Dr. Charles V. Howard and Dr. Randall L. Tack-ett.
. Super. Ct. Civ. R. 59(e).
. Hessler, Inc. v. Farrell, 260 A.2d 701, 702 (Del. 1969).
. Id.
. Linda D.P. v. Robert J.P., 493 A.2d 968, 969 (Del. 1985); see Eller v. State, 531 A.2d 948 (Del. 1987) (comparing time for filing civil and criminal appeals).
. Tyson Poods, Inc. v. Aetos Corp., 809 A.2d 575, 579 (Del. 2002) (holding that "[a]n aggrieved party can appeal to this Court only after a final judgment is entered by the trial court.”) (citing Del. Const, art. IV, § ll(l)(a)).
. Hessler, Inc. v. Farrell, 260 A.2d at 702.
. D.P. v. J.P., 493 A.2d at 969.
. Tomasetti v. Wilmington Sav. Fund Soc’y, 672 A.2d 61, 63 (Del. 1996) (holding that except for interlocutory appeals, “this Court has no jurisdiction over appeals from Superior Court civil judgments which are not final.”) (citing Del. Const, art. IV, § ll(l)(a)).
. D.P. v. I.P., 493 A.2d at 969 (“Until the Motion for Reargument is disposed of by the Family Court, an appeal to this Court is premature unless the requirements for the taking of interlocutory appeals pursuant to Supreme Court Rule 42 are complied with.”).
. See Eller v. State, 531 A.2d 951, 952 (Del. 1987); Radulski v. Delaware State Hosp., 541 A.2d 562, 567 (Del. 1988).
. Tomasetti v. Wilmington Sav. Fund Soc’y, 672 A.2d 61, 63-64 (Del. 1996) (comparing rules).
. See James Wm. Moore, Moore’s Federal Rules Pamphlet % 4.3[2] (2005).
. Union Pac. R.R. Co. v. Greentree Transp. Trucking Co., 293 F.3d 120 (3rd Cir. 2002).
Reference
- Full Case Name
- Matthew BOWEN and Melissa Ellis, as parents and natural Guardians of Emily Bowen, and Matthew Bowen and Melissa Ellis, Individually, and Martin Griffin and Trudi Griffin, as parents and natural guardians of Darren Griffin and Trudi Griffin, Individually, Below v. E.I. DUPONT DE NEMOURS AND COMPANY, INC., Below
- Cited By
- 5 cases
- Status
- Published